S.Amdt. 4016
What it does: 8 changes: replaces text in 6 places, adds a section, inserts text
Sen. Bill Nelson (D-FL)What it changes
8 changes to S. 2611
Change 1: Replaces “500” with “1,500”
[struck: 500][inserted: 1,500]Original wording
On page 7, line 26, strike “500” and insert “1,500”.
Change 2: Replaces “1000” with “2,000”
[struck: 1000][inserted: 2,000]Original wording
On page 8, line 10, strike “1000” and insert “2,000”.
Change 3: Replaces “200” with “400”
[struck: 200][inserted: 400]Original wording
On page 8, line 18, strike “200” and insert “400”.
Change 4: Rewrites page 9, lines 15–21
ReplacesPrinted pageRemoves page 9, lines 15–21 of the printed bill. See that page
Inserted: preceding fiscal year), by--
Inserted: "(1) 2,000 in fiscal year 2006; and
Inserted: "(2) 4,000 in each of fiscal years 2007 through 2011.
Original wording
On page 9, strike lines 15 through 21 and insert the following:
Change 5: Adds SEC. 234. DETENTION POLICY on page 180, between lines 6 and 7
Adds a sectionPrinted pageInserted: SEC. 234. DETENTION POLICY.
Inserted: (a) Directorate of Policy.--The Secretary shall in consultation, with the Director of Policy of the Directorate of Policy, add at least 3 additional positions at the Directorate of Policy that--
Inserted: (1) shall be a position at GS-15 of the General Schedule;
Inserted: (2) are solely responsible for formulating and executing the policy and regulations pertaining to vulnerable detained populations including unaccompanied alien children, victims of torture, trafficking or other serious harms, the elderly, the mentally disabled, and the infirm; and
Inserted: (3) require background and expertise working directly with such vulnerable populations.
Inserted: (b) Enhanced Protections for Vulnerable Unaccompanied Alien Children.--
Inserted: (1) Mandatory training.--The Secretary shall mandate the training of all personnel who come into contact with unaccompanied alien children in all relevant legal authorities, policies, and procedures pertaining to this vulnerable population in consultation with the head of the Office of Refugee Resettlement of the Department of Health and Human Services and independent child welfare experts.
Inserted: (2) Delegation to the office of refugee resettlement.--Notwithstanding any other provision of law, the Secretary shall delegate the authority and responsibility granted to the Secretary by the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) for transporting unaccompanied alien children who will undergo removal proceedings from Department custody to the custody and care of the Office of Refugee Resettlement and provide sufficient reimbursement to the head of such Office to undertake this critical function. The Secretary shall immediately notify such Office of an unaccompanied alien child in the custody of the Department and ensure that the child is transferred to the custody of such Office as soon as practicable, but not later than 72 hours after the child is taken into the custody of the Department.
Inserted: (3) Other policies and procedures.--The Secretary shall further adopt important policies and procedures--
Inserted: (A) for reliable age-determinations of children which exclude the use of fallible forensic testing of children's bones and teeth in consultation with medical and child welfare experts;
Inserted: (B) to ensure the privacy and confidentiality of unaccompanied alien children's records, including psychological and medical reports, so that the information is not used adversely against the child in removal proceedings or for any other immigration action; and
Inserted: (C) in close consultation with the Secretary of State and the head of the Office of Refugee Resettlement, to ensure the safe and secure repatriation of unaccompanied alien children to their home countries including through arranging placements of children with their families or other sponsoring agencies and to utilize all legal authorities to defer the child's removal if the child faces a clear risk of life-threatening harm upon return.
Show 7 more inserted paragraphsShow less
Inserted: SEC. 235. DETENTION AND REMOVAL OFFICERS.
Inserted: (a) In General.--During each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations for such purposes, designate a Detention and Removal officer to be placed in each Department field office whose sole responsibility will be to ensure safety and security at a detention facility and that each detention facility comply with the standards and regulations required by subsections (b), (c), and (d).
Inserted: (b) Codification of Detention Operations.--In order to ensure uniformity in the safety and security of all facilities used or contracted by the Secretary to hold alien detainees and to ensure the fair treatment and access to counsel of all alien detainees, not later than 180 days after the date of the enactment of this Act, the Secretary shall issue the provisions of the Detention Operations Manual of the Department, including all amendments made to such Manual since it was issued in 2000, as regulations for the Department. Such regulations shall be subject to the notice and comment requirements of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) and shall apply to all facilities used by the Secretary to hold detainees for more than 72 hours.
Inserted: (c) Detention Standards for Nuclear Family Units and Certain Non-Criminal Aliens.--For all facilities used or contracted by the Secretary to hold aliens, the regulations described in subsection (b) shall--
Inserted: (1) provide for sight and sound separation of alien detainees without any criminal convictions from criminal inmates and pretrial detainees facing criminal prosecution; and
Inserted: (2) establish specific standards for detaining nuclear family units together and for detaining noncriminal applicants for asylum, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, in civilian facilities cognizant of their special needs.
Inserted: (d) Legal Orientation To Ensure Effective Removal Process.--All alien detainees shall receive legal orientation presentations from an independent nonprofit agency as implemented by the Executive Office for Immigration Review of the Department of Justice in order to both maximize the efficiency and effectiveness of removal proceedings and to reduce detention costs.
Original wording
On page 180, between lines 6 and 7, insert the following:
Change 6: Replaces “2,000” with “4,000”
[struck: 2,000][inserted: 4,000]Original wording
On page 239, line 18, strike “2,000” and insert “4,000”.
Change 7: Replaces “1,000” with “2,000”
[struck: 1,000][inserted: 2,000]Original wording
On page 240, line 10, strike “1,000” and insert “2,000”.
Change 8: Inserts new text on page 540, between lines 8 and 9
InsertsPrinted pageInserted: (d) United States Marshals.--During each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations, add at least 200 Deputy United States Marshals to investigate criminal immigration matters for the fiscal year.
Inserted: (e) Pro Bono Representation.--The Attorney General shall take all necessary and reasonable steps to ensure that alien detainees receive appropriate pro bono representation in immigration matters.
Inserted: (f) Office of General Counsel.--During each of fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase the number of positions for attorneys in the Office of General Counsel of the Department by at least 200 to represent the Department in immigration matters for the fiscal year.
Original wording
On page 540, between lines 8 and 9, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4016. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 7, line 26, strike “500” and insert “1,500”.
On page 8, line 10, strike “1000” and insert “2,000”.
On page 8, line 18, strike “200” and insert “400”.
On page 9, strike lines 15 through 21 and insert the following:
preceding fiscal year), by--
“(1) 2,000 in fiscal year 2006; and
“(2) 4,000 in each of fiscal years 2007 through 2011.
On page 180, between lines 6 and 7, insert the following:
SEC. 234. DETENTION POLICY.
(a) Directorate of Policy.--The Secretary shall in consultation, with the Director of Policy of the Directorate of Policy, add at least 3 additional positions at the Directorate of Policy that--
(1) shall be a position at GS-15 of the General Schedule;
(2) are solely responsible for formulating and executing the policy and regulations pertaining to vulnerable detained populations including unaccompanied alien children, victims of torture, trafficking or other serious harms, the elderly, the mentally disabled, and the infirm; and
(3) require background and expertise working directly with such vulnerable populations.
(b) Enhanced Protections for Vulnerable Unaccompanied Alien Children.--
(1) Mandatory training.--The Secretary shall mandate the training of all personnel who come into contact with unaccompanied alien children in all relevant legal authorities, policies, and procedures pertaining to this vulnerable population in consultation with the head of the Office of Refugee Resettlement of the Department of Health and Human Services and independent child welfare experts.
(2) Delegation to the office of refugee resettlement.--Notwithstanding any other provision of law, the Secretary shall delegate the authority and responsibility granted to the Secretary by the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) for transporting unaccompanied alien children who will undergo removal proceedings from Department custody to the custody and care of the Office of Refugee Resettlement and provide sufficient reimbursement to the head of such Office to undertake this critical function. The Secretary shall immediately notify such Office of an unaccompanied alien child in the custody of the Department and ensure that the child is transferred to the custody of such Office as soon as practicable, but not later than 72 hours after the child is taken into the custody of the Department.
(3) Other policies and procedures.--The Secretary shall further adopt important policies and procedures--
(A) for reliable age-determinations of children which exclude the use of fallible forensic testing of children's bones and teeth in consultation with medical and child welfare experts;
(B) to ensure the privacy and confidentiality of unaccompanied alien children's records, including psychological and medical reports, so that the information is not used adversely against the child in removal proceedings or for any other immigration action; and
(C) in close consultation with the Secretary of State and the head of the Office of Refugee Resettlement, to ensure the safe and secure repatriation of unaccompanied alien children to their home countries including through arranging placements of children with their families or other sponsoring agencies and to utilize all legal authorities to defer the child's removal if the child faces a clear risk of life-threatening harm upon return.
SEC. 235. DETENTION AND REMOVAL OFFICERS.
(a) In General.--During each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations for such purposes, designate a Detention and Removal officer to be placed in each Department field office whose sole responsibility will be to ensure safety and security at a detention facility and that each detention facility comply with the standards and regulations required by subsections (b), (c), and (d).
(b) Codification of Detention Operations.--In order to ensure uniformity in the safety and security of all facilities used or contracted by the Secretary to hold alien detainees and to ensure the fair treatment and access to counsel of all alien detainees, not later than 180 days after the date of the enactment of this Act, the Secretary shall issue the provisions of the Detention Operations Manual of the Department, including all amendments made to such Manual since it was issued in 2000, as regulations for the Department. Such regulations shall be subject to the notice and comment requirements of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) and shall apply to all facilities used by the Secretary to hold detainees for more than 72 hours.
(c) Detention Standards for Nuclear Family Units and Certain Non-Criminal Aliens.--For all facilities used or contracted by the Secretary to hold aliens, the regulations described in subsection (b) shall--
(1) provide for sight and sound separation of alien detainees without any criminal convictions from criminal inmates and pretrial detainees facing criminal prosecution; and
(2) establish specific standards for detaining nuclear family units together and for detaining noncriminal applicants for asylum, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, in civilian facilities cognizant of their special needs.
(d) Legal Orientation To Ensure Effective Removal Process.--All alien detainees shall receive legal orientation presentations from an independent nonprofit agency as implemented by the Executive Office for Immigration Review of the Department of Justice in order to both maximize the efficiency and effectiveness of removal proceedings and to reduce detention costs.
On page 239, line 18, strike “2,000” and insert “4,000”.
On page 240, line 10, strike “1,000” and insert “2,000”.
On page 540, between lines 8 and 9, insert the following:
(d) United States Marshals.--During each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations, add at least 200 Deputy United States Marshals to investigate criminal immigration matters for the fiscal year.
(e) Pro Bono Representation.--The Attorney General shall take all necessary and reasonable steps to ensure that alien detainees receive appropriate pro bono representation in immigration matters.
(f) Office of General Counsel.--During each of fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase the number of positions for attorneys in the Office of General Counsel of the Department by at least 200 to represent the Department in immigration matters for the fiscal year.
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Senate amendment submitted
May 16, 2006